Monday, April 22, 2013

Dzhokhar Tsarnaev "will not be treated as an enemy combatant."

"We will prosecute this terrorist through our civilian system of justice," said White House Press Secretary Jay Carney moments ago.

It should be noted that those who've been saying Tsarnaev should be treated as an enemy combatant were not saying that he should be given a military trial, since current statutory law doesn't permit that.
Republican Sen. Lindsey Graham... was suggesting that the administration label him an "enemy combatant" for purposes of intelligence gathering. Graham conceded it's not yet clear whether he could qualify as one -- to do so, the government would need to prove he was linked to Al Qaeda or an Al Qaeda-linked group.
The real question is how to extract information, and I'm not seeing that Carney has addressed that. Talk of the "civilian system of justice" here is a distraction.

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